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Absconding and Probation Revocation: Intent Requirements
Author: Dahnika Short, Comments Editor State v. Dooley, No. 120,863 (Kan. July 23, 2021) Issue: Did Dooley possess the requisite intent under K.S.A. 2013 Supp. 22-3716 to warrant revocation of probation rather than the imposition of intermediate sanctions…
Statutory Differences Not Mere Semantics in Jury Instructions
Author: Lexi Christopher, Staff EditorState v. Jones, No. 119,764, (Kan. August 6, 2021)Issue: Jones was convicted of four counts of sexual exploitation of a minor under Kan. Stat. Ann. § 21-5510. Were the jury instructions clearly erroneous when they used different language than the charging…
State v. Albano: Revisiting the Right to Have a Jury Consider Sentence-Enhancing Prior Convictions
Author: Dahnika Short, Staff Editor State v. Albano, No. 120,767 (Kan. May 28, 2021) [pdf]Issue: Does Section 5 of the Kansas Constitution Bill of Rights guarantee the right to have a jury determine the existence of sentence-enhancing prior convictions under the Kansas…
House Bill No. 2071 -- Expanding Protection for Minors against Stalking
Author: Betsy Donahue, Staff EditorHouse Bill No. 2071 amends Kan. Stat. Ann. § 21-5427 to include additional protections for individuals under fourteen years old in Section 1(a)(4). Stalking now includes an individual’s intentional behavior toward a child under fourteen that would cause a…
An Officer’s Bullet Constitutes a Seizure in Torres v. Madrid
Author: Rachel Zierden, Staff Editor In the recent case Torres v. Madrid, the U.S. Supreme Court once again updated its Fourth Amendment jurisprudence. Led by Chief Justice Roberts, the Court determined that physical force with the intent to restrain the person is a seizure under the…
Anti-Asian Attacks and Attempts to Redefine “Hate” in America
Ryan GordonAssociate EditorRyan Gordon is a 3L at the University of Kansas School of Law. He earned his Bachelor of Arts in Business Administration with a focus on International Business and Marketing from Truman State University. Ryan is interested in international transactional and development…
A Wrongful 226-Day Confinement and No Relief: The Impact of Distinguishing Juvenile Adjudications and Criminal Convictions
In re M.M., No. 121,936 (Kan. Mar. 12, 2021) [pdf]Author: Chloe Ketchmark, Staff EditorIssue: Kan. Stat. Ann. § 60-5004 provides relief for wrongfully convicted and imprisoned persons. A magistrate judge wrongfully adjudicated and sentenced claimant M.M. to juvenile confinement. May M.M…
With Court's Leave, Prosecutors May Dismiss Grand Jury Indictments
State v. Bird, No. 120,816 (Kan. Ct. App., Feb. 19, 2021) [pdf].Author: Andrew Tague, Staff EditorIssue: Under Kansas common law, a prosecutor may dismiss or reduce any charge against a criminal defendant. Kan. Stat. Ann. § 22-3015(b), however, generally prohibits prosecutors from substantively…
Compassionate Release in Prisons: A Moot Point After COVID-19 Infection
Author: Noelle Daniel, Staff EditorUnited States v. Mendy Read-Forbes, No. 20-3104 (10th Cir., Feb. 8, 2021)Issue: A defendant requested to be released into immediate home confinement because of the dangers she faced if she contracted COVID-19. However, she contracted COVID-19 before…
Partisan Ping-Pong - President Biden and Private Prisons
Michael RavenComments EditorMichael is a 3L at the University of Kansas School of Law. He earned his undergraduate degree in philosophy and political science from the University of Kansas and a master’s degree in international relations from the London School of Economics and Political…